Can I terminate my lease and get my deposit back?

Full question:

I recently signed a one year lease to take effect on the 30th of this month, due to the landlord not following through with prior agreements, I want to terminate the lease... Can I get the money back I paid for the deposit and one month rent? The house is still trashed and nothing has been prepared, I have trucks loaded to move and cant because nothing is done.

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: California

Answer:

To determine if you can terminate the lease and get your deposit back, review your lease agreement carefully. Since your lease starts on the 30th, the landlord may have until that date to fulfill their obligations regarding the property, unless the lease states otherwise.

Landlords are required to provide a livable property that meets minimum standards, including basic utilities and cleanliness. If the property is unlivable due to the landlord's failure to prepare it, you might have grounds to terminate the lease without further payment. In California, a property is considered untenantable if it lacks essential features like running water, heating, or is infested with pests (Cal. Civ. Code § 1941.1).

Regarding your security deposit, landlords can only keep it for specific reasons such as unpaid rent or damages beyond normal wear and tear. They must return any unused portion within twenty-one days after you vacate the premises, along with an itemized statement of deductions (Cal. Civ. Code § 1950.5).

If the landlord does not fulfill their obligations, you may have legal grounds to recover your deposit and any prepaid rent. You can also seek damages for any inconvenience caused by their failure to provide a suitable living environment.

For specific advice, consider consulting with a legal professional who can provide guidance based on your situation.